The Allahabad High Court, while rejecting a bail application of the petitioner accused under Section 376 IPC observed that to hold an accused guilty for the commission of an offence of rape, the solitary evidence of the prosecutrix is sufficient, provided the same inspires confidence and appears to be absolutely trustworthy, unblemished and should be of sterling quality.
Brief Facts:
The present bail application was filed by the applicant, accused under Sections 376AB, 506 IPC and Section 5/6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Contentions of the Appellant:
The learned counsel appearing on behalf of the applicant submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. It was further submitted that the entire prosecution story is false and concocted inasmuch as the prosecution story creates doubt as there was no independent eyewitness account and last seen evidence.
Contentions of the Respondent:
The learned counsel appearing on behalf of the state submitted that the offence in question is so heinous in nature, that the present applicant may not be released on bail. Further, it was submitted that since this is a case of oral sex so there might not be any other injury on the body of the victim.
Observations of the court:
The court stated that it is well settled that to constitute an offence of rape complete penetration of the penis with emission of semen and the rupture of the hymen is not necessary. The court referred to the statement of the victim wherein it was categorically informed that the present applicant committed oral sex with her. The victim/prosecutrix was about 12 years old at the time of the incident, therefore, at the stage of bail, it cannot be presumed that she has given such a statement under the influence of her parents. Besides, the medical examination report supports her allegation wherein it has been verified that the penis was penetrated in the mouth of the victim/prosecutrix.
Further the court stated that mere long detention in jail does not entitle an accused to bail and further it all depends on the facts and circumstances of each case as there is no straight jacket formula for granting bail and therefore, a period of long incarceration may be considered as one of the grounds for granting bail, but it depends upon facts and circumstances of the particular case.
The court further referred to various decisions of the court wherein it has been held that to hold an accused guilty for the commission of an offence of rape, the solitary evidence of the prosecutrix is sufficient, provided the same inspires confidence and appears to be absolutely trustworthy, unblemished and should be of sterling quality.
The decision of the Court:
The court rejected the bail application.
Case Title: Pradum Singh vs State of U.P. and Ors.
Coram: Hon’ble Mr. Justice Rajesh Singh Chauhan
Case No.: CRIMINAL MISC. BAIL APPLICATION No. - 9723 of 2022
Advocate for the Petitioner: Alok Srivastava
Advocate for the Respondent: G.A., Aslam Javed Siddiqui, Munna Singh
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